A-12-1021, State v. David C. Phelps (Appellant)
Madison County, Judge James G. Kube
Attorneys: Melissa A. Wentling (Public Defender) (Appellant) --- James D. Smith (Attorney General’s Office)
Proceedings below: The district court denied Appellant’s request for appointment of counsel and an evidentiary hearing on his motion for postconviction relief.
Issues: I. The lower court erred in finding Phelps' postconviction motion procedurally barred by his two previous post conviction proceedings and the lower court's two prior orders. II. The lower court erred in finding Phelps' postconviction motion did not contain sufficiently specific factual allegations, and further erred in denying him an evidentiary hearing. III. The lower court erred and abused its discretion in denying Phelps' request for the appointment of counsel.